A Summit County jury finished hearing all the testimony that will be presented in the murder trial of Kouri Richins, as her legal defense opted not to call any witnesses or present any evidence of its own.
Prosecutors rested their case against the Kamas mother of three, who is charged with administering a lethal dose of fentanyl to her husband, Eric Richins, in March 2022, and attempting to do so a month earlier on Feb. 14, on Thursday afternoon.
Defense attorneys seemed poised to present their own case following the lunch break, though they are not required to under Utah law. However, the defense’s position changed when court returned. Lawyers took a moment to confer about which witness they would call first and then informed Third District Court Judge Richard Mrazik they would instead rest their case.
“After consulting with our client, the defense rests,” said Wendy Lewis, an attorney representing Kouri.
The burden of proof to prove guilt beyond a reasonable doubt lies with the prosecution. It’s possible the defense rested as a strategic choice because it believes the Summit County Attorney’s Office failed to prove its case. Other times, the defense calling witnesses is seen as creating unnecessary risk.
Mrazik verified with Kouri that she waived her right to testify, which she confirmed. It was the first time she addressed the court during her three-week trial.
The defense’s decision to rest surprised many in the courtroom as several witnesses were ready to take the stand on Thursday. Before the trial began, the attorneys were also concerned about whether a five-week trial would be enough time for both sides to present their case.
The two sides planned to meet on Friday afternoon to go over the final jury instructions and prepare for closing arguments to be delivered on Monday. Then, the jury will deliberate. A verdict could take a few hours or several days.
When the prosecution rested its case before the lunch break, the defense made a motion for the judge to deliver a directed verdict to the jury — a ruling that would determine there is no legally sufficient evidence for a guilty verdict. It’s a common practice in trial litigation, though not often granted.
Defense attorney Alexander Ramos argued prosecutors failed to prove each of the five counts against Kouri — first-degree felony charges of aggravated murder and attempted homicide, second-degree felony charges of insurance fraud and third-degree felony forgery. Kouri has pleaded not guilty to all charges.
Ramos said the state provided scant evidence that Kouri knowingly purchased fentanyl or that she was the person to administer it to Eric, causing his overdose death on March 4, 2022. He noted conflicting testimony from two witnesses who procured the drugs: Carmen Lauber, Kouri’s former housekeeper, who said Kouri asked her to purchase pills and Lauber informed Kouri they contained fentanyl, and Robert Crozier, the man Lauber purchased the pills from, who testified he didn’t sell fentanyl in early 2022.
Ramos also addressed the charges of insurance fraud and forgery, saying prosecutors had not proved Kouri signed Eric’s name without his knowledge or permission and had not proven her intent was fraud.
Chief Prosecutor Brad Bloodworth noted the details and timing of certain events, such as the insurance policy taken out on Eric, that he would not be aware of. For example, the mailing address, phone number, email and payment information attached to the document were all connected to Kouri. The document was also signed in late January 2022, which is around the time text messages show she started asking Lauber for drugs, and when she expressed interest in starting a fresh life with the man with whom she was having an affair.
Bloodworth said a reasonable jury could find that Kouri planned the entire fraud scheme when she forged Eric’s name.
Mrazik, after taking some time to consider the defense’s motion, denied it. The judge said the state has produced enough believable evidence that the jury could consider convicting the defendant.
Prosecutors called their last witness, Summit County Sheriff’s Office Detective Jeff O’Driscoll, on Wednesday. O’Driscoll, whose experience is in narcotics and major crimes, spoke about his role as the lead investigator in the case.
Defense attorney Kathy Nester continued her cross-examination of O’Driscoll on Thursday, asking him about searches of the Richins’ home and whether law enforcement ever found any fentanyl. O’Driscoll said fentanyl was never found.
“In all of that, we have no murder weapon, you haven’t found anything connected to Eric’s death, no fentanyl,” Nester said. “You can’t say how the fentanyl was administered, besides orally. You don’t know exactly when it happened or what time of night or morning. You can’t say the dosage that was ingested. … You can’t say what was ingested on Valentine’s Day at all.”
A spokesperson for the Richins family declined to comment on the case until the trial is over. Representatives for the Summit County Attorney’s Office and defense could not be reached by the time of publication.
